Senate Bill No. 218–Senator Schneider (by request)

February 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions relating to marriage and family therapists. (BDR 54-1178)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to professions; revising the definition of "practice of marriage and family therapy"; authorizing the board of examiners for marriage and family therapists to issue subpoenas for the attendance of witnesses and the production of books and papers; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 641A of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. The board or any member thereof may issue subpoenas for the

1-4 attendance of witnesses and the production of books and papers.

1-5 2. The district court, in and for the county in which any hearing is

1-6 held, may compel the attendance of witnesses, the giving of testimony

1-7 and the production of books and papers as required by any subpoena

1-8 issued by the board.

1-9 3. If any witness refuses to attend or testify or produce any books or

1-10 papers required by a subpoena, the board may file a petition ex parte

1-11 with the district court, setting forth that:

1-12 (a) Notice has been given of the time and place for the attendance of

1-13 the witness or the production of the books or papers;

1-14 (b) The witness has been subpoenaed by the board pursuant to this

1-15 section;

1-16 (c) The witness has failed or refused to attend or produce the books or

1-17 papers required by the subpoena before the board in the cause or

2-1 proceeding named in the subpoena, or has refused to answer questions

2-2 propounded to him in the course of the hearing; and

2-3 (d) The board therefore requests an order of the court compelling the

2-4 witness to attend and testify or produce the books or papers before the

2-5 board.

2-6 4. The court, upon such a petition, shall enter an order directing the

2-7 witness to appear before the court at a time and place fixed by the court

2-8 in the order, and then and there to show cause why he has not attended

2-9 or testified or produced the books or papers before the board. The time

2-10 may not be more than 10 days after the date of the order. A certified copy

2-11 of the order must be served upon the witness.

2-12 5. If the court determines that the subpoena was regularly issued by

2-13 the board, the court shall thereupon enter an order that the witness

2-14 appear before the board at the time and place fixed in the order, and

2-15 testify or produce the required books or papers. Failure to obey the order

2-16 is a contempt of the court that issued the order.

2-17 Sec. 2. NRS 641A.080 is hereby amended to read as follows:

2-18 641A.080 1. "Practice of marriage and family therapy" means the

2-19 application of established principles of learning, motivation, perception,

2-20 thinking, emotional, marital and sexual relationships and adjustments by

2-21 persons trained in psychology, social work, psychiatry or marriage and

2-22 family therapy. The application of [such] these principles includes:

2-23 [1. Therapy and]

2-24 (a) Diagnosis, therapy, treatment, counseling and the use of

2-25 psychotherapeutic measures with persons or groups with adjustment

2-26 problems in the areas of marriage, family or personal relationships.

2-27 [2. Doing research on]

2-28 (b) Conducting research concerning problems related to marital

2-29 relationships and human behavior.

2-30 [3.] (c) Consultation with [others doing] other persons engaged in the

2-31 practice of marriage and family therapy if the consultation is determined by

2-32 the board to include the application of any of these principles.

2-33 2. The term does not include:

2-34 (a) The diagnosis or treatment of a psychotic disorder; or

2-35 (b) The use of a psychological or psychometric assessment test to

2-36 determine intelligence, personality, aptitude, interests or addictions.

2-37 Sec. 3. NRS 641A.320 is hereby amended to read as follows:

2-38 641A.320 The board may discipline the holder of any license whose

2-39 default has been entered or who has been heard by the board and found

2-40 guilty, by any of the following methods:

2-41 1. Placing him upon probation for a period to be determined by the

2-42 board.

2-43 2. Suspending his license for not more than 1 year.

3-1 3. Revoking his license.

3-2 4. Administering a private or public reprimand.

3-3 5. Limiting his practice.

3-4 6. Imposing an administrative fine of not more than $5,000.

3-5 7. Requiring him to complete successfully another examination.

3-6 8. Requiring him to pay the costs incurred by the board to conduct

3-7 the hearing.

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